Terms of Purchase
TERMS AND CONDITIONS OF PURCHASE
TERMS OF PURCHASE
These Terms of Purchase will govern the purchase of any goods (“Goods”) you make from Racelab (“Racelab”, “us”, “we”) through the Racelab website at www.racelab.co.nz (“Website”). You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this Website. If you do not agree with any of these Terms of Purchase you must not Order Goods through the Website.
Racelab reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.
You may Order Goods described on the Website for the price specified on the Website. All prices are expressed in New Zealand dollars and are inclusive of goods and services tax chargeable under the Goods and Services Tax Act 1985 (“GST”).
[The price of the Goods does not include delivery charges. Racelab’s delivery charges are as advised to you during the checkout process, before you confirm your Order.
Racelab reserves the right to amend the prices of Goods from time to time without prior notice.
Your Order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the Website.
You may not cancel an Order once it has been submitted provided that Racelab may reject your Order at any time and is not required to give reasons for rejecting your Order.
If we reject your Order for any reason, neither you or we will be under any further obligation to the other arising out of your Order or our rejection of that Order.
If we reject your Order we undertake to reimburse you for any payments already received by us.
Delivery of the Goods to you will take place in the manner chosen by Racelab unless agreed otherwise with you. Racelab will not be liable for any delay in delivery of Goods ordered or non-delivery of Goods ordered, other than in accordance with the provisions of the Consumer Guarantees Act 1993.
Title in the Goods does not pass to you until payment has been received in full by Racelab or its agent. You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 1999 in favour of Racelab in any Goods purchased from this Website, and that Racelab may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods. While Racelab retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as Racelab product.
Payment must be effected in the manner described on the Website. Prices are inclusive of GST unless otherwise stated. Prices are, however, exclusive of other taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of the Goods.
Where payment is by credit card, you will be liable for all Orders placed using your credit card.
Gift vouchers will not be exchanged and are not subject to returns for credit of refunds. Gift vouchers cannot be used to buy more gift vouchers. Racelab will not replace a gift voucher that is lost or stolen after being received.
Credit applied from gift vouchers must be used within 12 months.
The Goods are offered for sale only to persons who can make legally binding contracts. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Goods from the Website.
By placing an Order for Goods you represent that you are capable of making a legally binding contract and that the Goods purchased will be used in a lawful manner.
NEW ZEALAND LAW
Details contained on the Internet Sites relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction. We do not warrant that the details, descriptions or claims on the Internet Sites concerning Goods will satisfy the laws of any other jurisdiction.
It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you may not Order any Goods from the Website.
These Terms of Purchase together with any additional terms and conditions contained in the invoice or any other similar document issued by Racelab shall be the terms which govern your purchase of the Goods.
POSSESSION AND RISK
Possession and risk in the Goods shall pass to you upon delivery of the Goods to your agent or carrier or upon delivery of the Goods to the address supplied by you when placing an Order.
Short or incorrect Orders must be reported to Racelab within seven (7) working days of their receipt together with the invoice number. Any Goods returned must be clean and free from price markings. Goods that have been damaged or are not resaleable may not be credited in full.
RETURN OF ERRONEOUS OR EXCESSIVE ORDERS
For Goods ordered in excess of your requirements or in error, Racelab reserves the right to charge a handling fee of up to 20% of the original invoice value where those Goods are returned. An authorisation is required by Racelab prior to the return of any Goods and Racelab is under no obligation to grant any such authorisation.
If Goods are purchased on the Website, and those Goods do not conform to specification or are defective, then provided such Goods are returned together with the relevant invoice or shipping note to Racelab at 12 Orbit Drive, Rosedale, Auckland 0632, within ten (10) working days of the date of purchase, Racelab will at its option, replace such Goods or refund the purchase price.
EXCLUSION OF LIABILITY
Under no circumstances will Racelab, its employees or its agents be liable to you in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you, or by any other third party, whether direct or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on the Website or in respect of any failure or omission on the part of Racelab to comply with its obligations as set out in these Terms of Purchase in respect of the sale of Goods to you. If you are using the Website, or purchasing Goods for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.
LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Racelab becomes liable for any loss or damage that would otherwise have been excluded, Racelab’s maximum liability in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the Goods pursuant to an Order is to be limited to the lesser of the value of Goods comprised in an Order to which a claim relates; the cost of repairing or replacing defective Goods; and the actual loss or damage suffered by you. All other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to Racelab, merchantable or otherwise, whether express or implied, and whether statutory or otherwise, are expressly excluded, except to the extent that such liability is required by law without right of exclusion.
FITNESS FOR PURPOSE
You acknowledge that you have made your own investigations as to the fitness of the Goods for your purpose.
NOTIFICATION OF PROBLEM
Racelab shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify Racelab and the carrier within 48 hours of the time of delivery of the Goods.
If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
GOODS DESCRIPTION AND AVAILABILITY
All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Internet Sites are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only.
Racelab will make all reasonable efforts to accurately display the attributes of the Goods, including applicable colours; however, the actual colour you see will depend on your computer and we can not guarantee your computer will accurately display such colours.
While Racelab will use its best endeavours to ensure your Order is met, Racelab provides no warranty as to the availability of Goods ordered on the Website.
Racelab will use all reasonable efforts and will take all reasonable care to ensure products available for purchase on the Website are accurately priced. However, from time to time, certain products may erroneously be mis-priced. Where a pricing error is identified, and you have placed an order Racelab reserves the right to cancel the order in its discretion and you will be provided a full refund if payment has been made. We will contact you to advise of the correct price and seek your instruction as to whether you wish to proceed with a new order at the correct price. Racelab has no obligation to supply products at the incorrect price.
If we delay or do not exercise any of our rights or remedies under these Terms of Purchase, that will not be a waiver of the right or remedy.
RETAIN A COPY
You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.
If you have any queries in regard to these Terms of Purchase, please don’t hesitate to contact us.